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Section 8.13 Waivers. <br />Any waiver by the City of any obligation or condition in this Agreement must be in writing. <br />No waiver will be implied from any delay or failure by the City to take action on any breach or <br />default of Developer or Qualified Designee or to pursue any remedy allowed under this Agreement <br />or applicable law. A waiver by any party hereto of a breach of any of the covenants, conditions, or <br />agreements hereof to be performed by the other party shall not be construed as a waiver of any <br />succeeding breach of the same or other covenants, agreements, restrictions, or conditions hereof. <br />Any extension of time granted to Developer or Qualified Designee to perform any obligation under <br />this Agreement shall not operate as a waiver or release from any of its obligations render this <br />Agreement. Consent by the City to any act or omission by Developer or Qualified Designee shall <br />not be construed to be a consent to any other or subsequent act or omission or to waive the <br />requirement for the City's written consent to future waivers. <br />Section 8.14 Title of Parts and Sections. <br />Any titles of the sections or subsections of this Agreement are inserted for convenience of <br />reference only and shall be disregarded in interpreting any part of the Agreement's provisions. and <br />captions are for convenience only and shall not constitute a portion of this Agreement. As used in <br />this Agreement, masculine, feminine or neuter gender and the singular or plural member shall each <br />be deemed to include the others wherever and whenever the context so dictates <br />Section 8.15 Multiple Originals; Counterpart. <br />This Agreement and any modifications, amendments or supplements thereto may be <br />executed in several counterparts each of which is deemed to be an original, and all so executed <br />shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not <br />signatories to the original or the same counterpart. <br />Section 8.16 Severability. <br />In the event any limitation, condition, restriction, covenant, or provision contained in this <br />Agreement is held invalid, void, or unenforceable by any court of competent jurisdiction, the <br />remaining portions of this Agreement shall nevertheless be and remain in full force and effect. If <br />any term, provision, condition or covenant of this Agreement or the application thereof to any <br />party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this <br />instrument, or the application of such term, provision, condition or covenant to persons or <br />circumstances other than those as to whom or which it is held invalid or unenforceable, shall not <br />be affected thereby, and each term and provision of this Agreement shall be valid and enforceable <br />to the fullest extent permitted by law <br />Section 8.17 Affordable Housing Plan and Relocation Plan Compliance. <br />The Developer and Qualified Designee, as applicable as provided in this Agreement, shall <br />comply with the Affordable Housing Plan and Relocation Plan submitted to City, approved by the <br />City and on file with the Community Development Department. In the event the terms and <br />conditions of the Affordable Housing Plan, the Relocation Plan and this Agreement conflict, this <br />Agreement shall control. For the purposes of clarity, upon Close of Escrow of the Affordable Site <br />ATTY/AGR/2025.084/920 SHASTA AFFORDABLE HOUSING LAND DONATION AGREEMENT <br />REV: 10-16-25 VR <br />Page 37 of 41 <br />